Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India List Ill 1950 - Arts. 246 and 254 and Seventh Schedule |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950 - Arts. 246 and 254 and C Seventh Schedule, List Ill - Issue pertaining to repugnancy of the State Act in light of the Central Act - When arises - Held: Only if it is found that the two enactments cover the same matter substantially and there is a direct and irreconcilable conflict between the two, the issue of repugnancy arises.Private Security Agencies (Regulation) Act, 2005 - Maharashtra Private Security Guards (Regulation of Employment & Welfare) Act, 1981 - Question of repugnancy of the 1981 State Act in light of the 2005 Central Act - E Whether after enactment of the 2005 Central Act by the Parliament, the 1981 State Act is not applicable to the private security agencies - Held: The subject matter of the two Acts in question are substantially different - The two Acts operate in different fields and there is only incidental connection F between the two regarding the regulation of private security agencies - The 2005 Central Act does not occupy the field of labour welfare and thereby there cannot be any conflict between the 1981 State Act and the 2005 Central Act - There is no repugnancy between the 1981 State Act and the 2005 Central Act-in the given facts.Maharashtra Private Security Guards (Regulation of Employment & Welfare) Act, 1981 - Challenge to - On ground of being violative of Arts. 14 and 19 of the Constitution - Held: Not tenable - Restrictions imposed by the Act are reasonable restrictions envisioned by the Constitution and protect the rights and ensure the welfare of private security guards engaged by private security agencies by means of s. 23 and relevant provisions of the Scheme of 2002 - The Act does not violate Articles 14 and 19 or any other Fundamental Rights contained in the Constitution - Maharashtra Private Security (Regulation of Employment and Welfare) Scheme of 2002.Interpretation of Statutes - Presumption towards constitutionality of a Statute -Held: Courts should proceed to construe a Statute with a view to uphold its constitutionality. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2014 INSC 331 |
Petitioner | The Security Association Of India & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2014] 9 S.C.R. 880 |
Judgement Date | 2014-04-25 |
Case Number | 8814 |
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